Amy C. Klasener and Courtney Lotfi | Global Arbitration Review Introduction The taking of evidence – be it through documents, witness testimony or other means – is the foundation on which all arbitral awards are constructed. Ethical violations can taint evidence, or the process by which it is taken, and undermine the credibility of the… Continue reading Party and Counsel Ethics in the Taking of Evidence
Tag: arbitration
Expert Evidence in Construction Disputes: Arbitrator Perspective
Katherine Bell | Global Arbitration Review Introduction The primary methods of presenting factual evidence in international arbitration are contemporaneous documents, testimony of fact witnesses and testimony of expert witnesses. Whereas contemporaneous documents tend to have the highest probative value when it comes to facts in general, expert witness testimony is the predominant means of evidence… Continue reading Expert Evidence in Construction Disputes: Arbitrator Perspective
Subcontracts and Multiparty Arbitration in Construction Disputes
Stavros Brekoulakis and Ahmed El Far | Global Arbitration Review Major construction projects typically involve several parties and interrelated contracts, including subcontracts. Although the provisions of the main contract between the employer and the contractor do not usually become a part of the subcontractor’s agreement, a dispute arising out of the main contract may give… Continue reading Subcontracts and Multiparty Arbitration in Construction Disputes
Contractor’s Claims, Remedies and Reliefs
R. Zachary Torres-Fowler, Albert Bates, Jr. and David E. Harrell, Jr. | Global Arbitration Review Introduction Construction and engineering disputes continue to make up one of the largest industry sectors for international arbitration institutions around the world. Given the technical complexity and lengthy duration of many construction projects, disputes are almost inevitable. Contractors must understand… Continue reading Contractor’s Claims, Remedies and Reliefs
Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection
J. Laurens Wilkes, Michael J. Stepek, Gustavo J. Membiela and Imad Khan | Winston & Strawn The selection of arbitration for complex construction projects continues to increase[1] – and, for good reasons: its finality, confidentiality and rules are suitable for complex, multiparty, and technically demanding matters. The flexibility of arbitration – tailoring procedures, selecting technically qualified… Continue reading Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection